BILL NUMBER: AB 673	CHAPTERED  10/10/99

	CHAPTER   1004
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 15, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Member Honda
   (Coauthors:  Assembly Members Alquist, Aroner, Ducheny, Keeley,
Kuehl, Lempert, Mazzoni, Romero, and Washington)
   (Coauthors:  Senators Ortiz, Perata, and Solis)

                        FEBRUARY 23, 1999

   An act to amend the heading of Chapter 13 (commencing with Section
3200) of Part 2 of Division 8 of, to add Sections 3201, 3202, 3203,
and 3204 to, and to repeal Division 15 (commencing with Section
10100) of, the Family Code, relating to family law.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 673, Honda.  Child visitation and exchange program.
   Existing law requires a court making a custody order to grant
reasonable visitation rights to a parent unless it would be
detrimental to the best interest of the child and authorizes the
granting of reasonable visitation rights to other specified persons.

   This bill would authorize the family law division of a superior
court, subject to the availability of federal funding, to establish
programs for supervised visitation and exchange services, specified
education programs, and group counseling for parents and children.
The bill would authorize the court to contract with eligible
supervised visitation and exchange, education, and group counseling
providers, as defined, to provide supervised visitation and exchange
program services subject to specified standards of practice,
education, and group counseling.  The bill would require the court to
approve sliding scale fees so that families would pay for the
services based on their ability to pay.  The bill would also require
the Judicial Council to apply for federal grants, as specified, to
fund child custody and visitation programs; charge the Judicial
Council with the administration of the grant funds; specify criteria
for awarding of grant funds; state the intent of the Legislature
that, effective October 1, 2000, grant funds shall be used for
supervised visitation and exchange services, specified education, and
group counseling for parents and children; and require the Judicial
Council to report to the Legislature regarding the programs, as
specified.
   Existing law, known as the Friend of the Court Act, expresses
legislative intent to create in each superior court, an office of the
friend of the court, contingent upon federal funding therefor.
   This bill would repeal that act.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The heading of Chapter 13 (commencing with Section
3200) of Part 2 of Division 8 of the Family Code is amended to read:


      CHAPTER 13.  SUPERVISED VISITATION AND EXCHANGE SERVICES,
EDUCATION, AND COUNSELING

  SEC. 2.  Section 3201 is added to the Family Code, to read:
   3201.  (a) The programs described in this chapter shall be
administered by the family law division of the superior court in the
county.
   (b) For purposes of this chapter, "education about protecting
children during family disruption" includes education on parenting
skills and the impact of parental conflict on children, how to put a
parenting agreement into effect, and the responsibility of both
parents to comply with custody and visitation orders.
  SEC. 3.  Section 3202 is added to the Family Code, to read:
   3202.  (a) All supervised visitation and exchange programs funded
pursuant to this chapter shall comply with all requirements of the
Uniform Standards of Practice for Providers of Supervised Visitation
set forth in Section 26.2 of the Standards of Judicial Administration
as amended.  The family law division of the superior court may
contract with eligible providers of supervised visitation and
exchange services, education, and group counseling to provide
services under this chapter.
   (b) As used in this section, "eligible provider" means:
   (1) For providers of supervised visitation and exchange services,
a local public agency or nonprofit entity that satisfies the Uniform
Standards of Practice for Providers of Supervised Visitation.
   (2) For providers of group counseling, a professional licensed to
practice psychotherapy in this state, including, but not limited to,
a licensed psychiatrist, licensed psychologist, licensed clinical
social worker, or licensed marriage and family therapist; or a mental
health intern working under the direct supervision of a professional
licensed to practice psychotherapy.
   (3) For providers of education, a professional with a bachelor's
or master's degree in human behavior, child development, psychology,
counseling, family-life education, or a related field, having
specific training in issues relating to child and family development,
substance abuse, child abuse, domestic violence, effective
parenting, and the impact of divorce and interparental conflict on
children; or an intern working under the supervision of that
professional.
  SEC. 4.  Section 3203 is added to the Family Code, to read:
   3203.  Subject to the availability of federal funding for the
purposes of this chapter, the family law division of the superior
court in each county may establish and administer a supervised
visitation and exchange program, programs for education about
protecting children during family disruption, and group counseling
programs for parents and children under this chapter.  The programs
shall allow parties and children to participate in supervised
visitation between a custodial party and a noncustodial party or
joint custodians, and to participate in the education and group
counseling programs, irrespective of whether the parties are or are
not married to each other or are currently living separately and
apart on a permanent or temporary basis.
  SEC. 5.  Section 3204 is added to the Family Code, to read:
   3204.  (a) The Judicial Council shall annually submit an
application to the federal Administration for Children and Families,
pursuant to Section 669B of the "1996 Federal Personal Responsibility
and Work Opportunity Recovery Act" (PRWORA), for a grant to fund
child custody and visitation programs pursuant to this chapter.
   The Judicial Council shall be charged with the administration of
the grant funds.
   (b) (1) It is the intention of the Legislature that, effective
October 1, 2000, the grant funds described in subdivision (a) shall
be used to fund the following three types of programs: supervised
visitation and exchange services, education about protecting children
during family disruption, and group counseling for parents and
children, as set forth in this chapter.  Contracts shall follow a
standard request for proposal procedure, that may include multiple
year funding.  Requests for proposals shall meet all state and
federal requirements for receiving access and visitation grant funds.

   (2) The grant funds shall be awarded with the intent of approving
as many requests for proposals as possible while assuring that each
approved proposal would provide beneficial services and satisfy the
overall goals of the program under this chapter.  The Judicial
Council shall determine the final number and amount of grants.
Requests for proposals shall be evaluated based on the following
criteria:
   (A) Availability of services to a broad population of parties.
   (B) The ability to expand existing services.
   (C) Coordination with other community services.
   (D) The hours of service delivery.
   (E) The number of counties or regions participating.
   (F) Overall cost effectiveness.
   (G) The purpose of the program to promote and encourage healthy
parent and child relationships between noncustodial parents and their
children, while ensuring the health, safety, and welfare of the
children.
   (3) Special consideration for grant funds shall be given to
proposals that coordinate supervised visitation and exchange
services, education, and group counseling with existing  court-based
programs and services.
   (c) The family law division of the superior court in each county
shall approve sliding scale fees that are based on the ability to pay
for all parties, including low-income families, participating in a
supervised visitation and exchange, education, and group counseling
programs under this chapter.
   (d) The Judicial Council shall, on March 1, 2002, and on the first
day of March of each subsequent year, report to the Legislature on
the programs funded pursuant to this chapter and whether and to what
extent those programs are achieving the goal of promoting and
encouraging healthy parent and child relationships between
noncustodial or joint custodial parents and their children while
ensuring the health, safety, and welfare of children, and the other
goals described in this chapter.
  SEC. 6.  Division 15 (commencing with Section 10100) of the Family
Code is repealed.
